logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.02.16 2014가단6913
건물철거 및 대지인도
Text

1. The Plaintiff (Counterclaim Defendant) indicated the attached Form 2 drawings on the Defendant (Counterclaim Plaintiff) among the attached Form 9, 10, 11, 11, out of the attached Form 465 square meters in Dongdaemun-gu Seoul.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. The Defendant’s duty to remove the Defendant’s building, deliver land, etc. is the owner of the Dongdaemun-gu Seoul Metropolitan Government building, and the Defendant is the owner of the Dongdaemun-gu D-gu Seoul Metropolitan Government building of 33 square meters adjacent to the land owned by the said Plaintiff. The Defendant’s ownership of the above Defendant’s land and the land owned by the said Plaintiff, which are installed on the ground of 9, 10, 11, 16, 17, and 9 square meters of “B” portion of the above Plaintiff’s land (hereinafter “the instant case’s land”) and installed on the ground of mentbrob block block and the colon’s neighborhood living facilities (hereinafter “the instant building”), and the fact that there is no dispute between the parties to the instant land and the land owned by the said Plaintiff, or that there is a result of the survey by E appraiser’s appraisal.

Therefore, barring any other special circumstances, the Defendant is obligated to remove the instant “B” portion of the building and deliver the instant “B” portion of the land to the Plaintiff, and return unjust enrichment equivalent to the rent accrued from unfairly occupying the instant portion of the land.

2. Determination on the Defendant’s claim for prescriptive acquisition defense and ownership transfer registration

A. The Defendant’s mother, who is the Defendant’s mother, owned and possessed the instant building from October 16, 1989, and the Defendant received a donation from the deceased on October 21, 2002 from the instant building and its site part, and completed the prescription period for acquisition of possession of the instant part of “B” on October 16, 2009, for which 20 years have passed since the deceased commenced possession. Thus, the Plaintiff’s claim cannot be complied with, and further, the registration for ownership transfer as to the instant part of “B” portion is filed.

B. The Defendant’s mother, the Defendant’s mother, was the owner of the instant building, and was living in the instant building on October 16, 1989.

arrow